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Trial Provisions
TRIAL RIGHTS ************ Right to Request a Trial ************************ An Aisling committing a crime or series of crimes which merit a one Deoch exile or greater, has the right to request to have a trial (the charge of Sleephunting cannot be contested in a trial). Making this request does not guarantee the Aisling a trial. (see 'Disqualification of Trial Rights') Additionally, officials who are facing removal from office AND banishment and/or exile, for political misconduct, may request a trial in lieu of having a review by a superior. In so doing, they automatically forefit their right to request a review by a superior. The trial request must be made to a Judge within one moon from the time charges were filed, otherwise trial rights are forfeited by default. If there is no Judge in office, the request can be made with a Guard Captain, Demagogue or Burgess. The request will be posted on the Judgment board. Disqualification of Trial Rights ******************************** An official who is facing removal and banishment and/or exile for political misconduct, who has already had a review by a Superior for that same crime, is not entitled to a trial. Should any aisling's name, portrait or profile violate Mundane or Mileth law, they are not fit to receive a trial, save in the case where they are being charged on the basis of that offense. A Judge may otherwise deny a trial to an aisling if they have the support of one Guard Captain or one Legislative Official, and all have posted reasonable explanations as to why the aisling should be denied trial on the Judgment board. If a trial is denied for this reason, no other Judge may preside over the same trial unless they have the support of one Guard Captain or one Legislative Official, and all have posted explanations as to why the denial of trial rights was unjust on the Judgments board. PROSECUTION AND DEFENSE *********************** The Prosecution *************** The prosecutor will be selected by the presiding judge, and should be knowledgeable in both the laws pertaining to the case and the case itself. The prosecution, with the permission of the judge, may have any number of assistants, and will represent the Republic of Mileth and her citizens. The judge may dismiss the prosecution and/or their assistants, and name a replacement, if a valid reason is provided. The Defense Counsel ******************* Any aisling that is to be tried has the right to an attorney who may speak on their behalf during the proceedings. They have the right to choose their counsel, or to request that the judge appoint one for them. The accused may dismiss their counsel at any time, however the Judge is not required to provide an additional one should this occur. The defense counsel will not be associated with the alleged crimes of the accused, and is held responsible for defending the aisling being tried to the best of their ability. TRIAL DATE AND JURY SELECTION ***************************** Trial Date Selection ******************** The Defense must meet with the Judge and Prosecution to schedule a date for the trial. The Defense is to name a date and time within two moons of the trial request, but no sooner than eight days from the date of the request, that is agreeable with both the Judge and the Prosecution. Should the Defense be unable to provide a date and time that is acceptable to all parties, they must accept a date as prescribed by a Judge. Trial Absence ************* If the accused fails to be present during their trial without prior notice and acceptable reason, the Judge must dissolve the court and the accused will be found guilty of Contempt of Justice, and of the crimes which brought about the initial trial. They automatically waive their rights to a trial for the combination of these crimes as well. A grace period of two hours ((15 minutes)) following the scheduled time of the trial will be given for the accused to arrive. Should the prosecution fail to arrive, and no assistants or replacements can take over the case, a grace period of two hours ((15 minutes)) following the scheduled time of the trial will be given until the trial is placed on hold, and scheduled for another day. If the prosecution is a Mileth official, a superior may give that official Probation for dereliction of duty, if a valid excuse is not provided. It is the responsibility of both the Prosecution and Defense to bring their respective witnesses to the trial. Disclosure of Evidence Prior to a Trial *************************************** All evidence being used by the defense and prosecution must be provided to the Judge at least sixteen days ((2 days)) prior to the trial, who will then disclose all evidence to both sides at least eight days ((1 day)) prior to the trial. The evidence must also include a list of all witnesses that either side will question. No evidence or witness may be presented in court unless the opposing side has been notified in this manner. Jury Selection ************** The jury will be selected by the Judge at the time of the Trial. A qualified juror is an aisling who has attained at least the eleventh insight and is a Mileth citizen. The juror must have not been arrested or jailed within the last Deoch, nor may they have been arrested or jailed more than twice. A minimum of seven jurors are to be chosen, but no more than eleven. Each juror must not be connected to the prosecution, defense, or Judge in any way that may place them in a position of bias. Should the Judge be unable to find seven qualified jurors, or should a juror fall asleep during the trial so as to bring the number of jurors down below five without replacements on hand, the Judge must reschedule the trial. The defense and the prosecution may each deny jurors before the trial if they provide a valid reason to suspect that a juror is biased. TRIAL PROCEDURES **************** Juror Procedures **************** The Jury is to remained grouped with one other during the entire trial. They are also to elect a foreman. If a juror is causing a disturbance among the communication between the jury, the foreman (or another juror if the foreman is causing the disturbance) will notify the Judge, and they will be warned; if they continue, they will be expelled from the jury and found guilty of Contempt of Court. Along with the jury, two citizens will be found to record the proceedings in writing ((journal logs)). One will be grouped with the Jury and record the trial and their deliberations, and the second will be grouped with the Judge and record the trial. If there should be a lack of jurors, either citizen will fill in the empty spot. The recorded proceedings will be given to the presiding Judge when the trial is finished. The trial transcripts must be made available by the Judge to either side if requested; however, the transcript of the jury's deliberations shall not be made public. Should the Jury find it necessary to ask a question of the Judge, the foreman will announce out loud that the Jury has a question, and when granted permission to speak, the foreman shall ask the Judge their question. Jury Instruction **************** The Judge will instruct the jury that they must observe the trial and, for each charge, vote either "guilty" or "not guilty" at the conclusion of the trial. The jury will be given 2 hours ((15 minutes)) for deliberation. The instruction must also include: i) The name of the accused ii) All crimes that the accused is being charged with iii) All laws that directly apply to the charges; and iv) The sentence that would apply for each charge if the Accused is found guilty, and (if there is more than one charge) the sentence that would apply if the Accused is found guilty on all charges. Defense and Prosecution Conduct ******************************* It is the duty of the Judge to oversee that the prosecution and defense conduct themselves in a civil manner throughout the trial. Neither side may ask questions of witnesses or discuss issues that have no relevance to the trial or to their cases. Should either side find something inappropriate in their counterpart's conduct, they may announce to the Judge that they object, and state the grounds for the objection. The Judge will consider the objection and decide whether it is appropriate or not; if they sustain the objection, they shall notify the offending party, at which point, the question posed is rendered invalid. TRIAL FORMAT ************ Part 1: Opening Statements ************************** The Prosecution and Defense, in that order, shall have the opportunity to issue opening statements. Each opening statement must not take more than 40 minutes ((5 minutes)) to present. Part 2: The Prosecution's Case ****************************** The prosecution will present their case to the court, and run through all evidence and question all witnesses involved in their case. The prosecution has the burden of proof, and must seek to prove beyond a reasonable doubt that the accused committed all the crimes they are charged with. (Unless otherwise prescribed by law). The jury may request time to review each piece of evidence as it is presented, and the defense may cross-examine each witness after the prosecution has finished their questioning. The prosecution may only question their witnesses again on redirect, if the defense's cross-examination reveals information relevant to the case; the question must be in regards to this information. The defense is not entitled to re-cross-examine the witness. Once the prosecution has presented their full case, they will announce that they have closed their case. Part 3: The Defense's Case ************************** Once the prosecution has rested, the defense will present their case to the court, and run through all evidence and question all witnesses involved in their case. The defense must seek to cast doubt on the prosecution's case and prove that there is reasonable doubt that the accused committed the crimes they are charged with. The jury may request time to review each piece of evidence as it is presented, and the prosecution may cross-examine each witness after the defense has finished their questioning. The defense may only question their witnesses again on redirect, if the prosecution's cross-examination reveals information relevant to the case; the question must be in regards to this information. The prosecution is not entitled to re-cross-examine the witness. Once the defense has presented their full case, they will announce that they have closed their case. Part 4: Closing Arguments ************************* The defense and prosecution (in that order) shall then summarize their case, briefly. (( No longer than 5 minutes per side will be granted. )) Part 5: Jury Deliberation and Verdict ************************************* After both sides have issued their closing arguments, the judge will instruct the jury, who will be allowed to deliberate amongst themselves as a group. They may ask to view any evidence presented during the trial. A vote will be conducted for each charge, and the majority decision will become the verdict. In the event that Connlaoi will not announce the jury's results, the foreman will announce to the court that a verdict has been reached, and read the verdict. If the jury is unable to conduct a vote with a majority decision, the judge shall decide the verdict. TRIAL PROVISIONS **************** Time Limit ********** No trial shall last for more than one sun ((3 hours)) without a period of intermission, unless all parties involved agree to continue. CONTEMPT OF COURT ***************** Court Observers *************** Any aisling disrupting the court shall be charged with Contempt of Court. Order is to be maintained in the court, and any violations of Mileth Law will be dealt with by a Guard or Guard Captain appointed by the presiding Judge. An official conducting banishments under these circumstances will post a report detailing all actions taken once the trial is concluded, notwithstanding regular procedures for reporting official actions. Political Attacks ***************** It will be considered Contempt of Court should the judge, prosecution, defendants, or jury be politically attacked, widdled, or removed during the trial. Criminal Actions During a Trial ******************************* An Aisling who is on trial is required to act within the boundaries of Mileth Law, regardless of citizenship or legal status. Should the accused violate any law during the course of the trial, the Judge shall end the trial, and pronounce the accused guilty.